Presentation on theme: "Business Law Essential Standard 1.00 Objective 1.03"— Presentation transcript:
1 Business Law Essential Standard 1.00 Objective 1.03 Understand Criminal and Civil Laws
2 Elements of CrimeCriminal Act- An act that is punishable offense against society.Elements of Criminal Acts:Whether you were aware of your duty to do or not to do a specific thingWhether you performed an act or omission on violation of that dutyWhether or not you had criminal intentRequired state of mind- Determining if the defendant intended to commit the act and intended to do evil.Duty-it is everyone's duty to know the law and to conform their conduct to the lawViolation of Duty-the specific conduct that violates the statute
3 Basic Crime Classifications Felony- Punishable by confinement for more than a year in a state prison or by a fine more than a $1000, or both.Misdemeanor- A less serious crime that is usually punishable in a local jail for less than one year, or by a fine or both.Infraction- A noncriminal violation of law not punishable by imprisonment.
4 Crimes Murder- The intentional killing of another person. 1st Degree Murder- Willful, deliberate, and premeditated killing of another person either directly or through another felonious act.2nd Degree Murder- An inherently dangerous act or omission, done in such a reckless and wanton manner without regard for human life.Voluntary Manslaughter- The killing of another person with malice or intent.Robbery- The wrongful taking of property from another person by threat or the actual use of force, violence or a weapon.14‑17 Murder in the first and second degree defined; punishment.A murder which shall be perpetrated by means of a nuclear, biological, or chemical weapon of mass destruction as defined in G.S. 14‑288.21, poison, lying in wait, imprisonment, starving, torture, or by any other kind of willful, deliberate, and premeditated killing, or which shall be committed in the perpetration or attempted perpetration of any arson, rape or a sex offense, robbery, kidnapping, burglary, or other felony committed or attempted with the use of a deadly weapon shall be deemed to be murder in the first degree2nd Degree Murder-(b) A murder other than described in subsection (a) of this section or in G.Sshall be deemed second degree murder. Any person who commits second degree murder shallbe punished as a Class B1 felon, except that a person who commits second degree murder shallbe punished as a Class B2 felon in either of the following circumstances:(1) The malice necessary to prove second degree murder is based on aninherently dangerous act or omission, done in such a reckless and wantonmanner as to manifest a mind utterly without regard for human life andsocial duty and deliberately bent on mischief.
5 Specific Crimes (continued) Rape/Sex Offenses:Statutory Rape- If the defendant engages in a sexual act with another person who is 13, 14, or 15 years old and the defendant is at least six years older than the person.Date Rape- Victim is unconscious or physically unable to resist an act a sexual act or communicate unwillingness to submit to an act of vaginal intercourse or a sexual act.
6 Crimes (continued) Assault: Simple Assault- An attempt to commit a battery against another person.Battery- The unlawful touching or forceful striking of another person using a hand, a weapon or other instrument.Aggravated Assault- A person that inflicts serious injury upon another person or uses a deadly weapon.Note: N.C. Assault Statutes do not distinguish between assault and battery as both are included as part of the assault criminal statute.
7 Crimes (continued) Domestic Violence: N.C. Domestic Violence Laws Kidnapping- The unlawful removal or restraint of a person against his or her will.Domestic Violence:N.C. Domestic Violence LawsDomestic Victim Defined:Current or former spouses.Related as parents and children.Current or former household members.Persons who are in a dating relationship.
8 Crimes (continued) Criminal Law Process-Requirements: Domestic violence means the commission of one or more of the following acts:Attempting to cause bodily injury, or intentionally causing bodily injury.Placing the aggrieved party or a member of the aggrieved party's family or household in fear of imminent serious bodily injury or continued harassment.Universal Citation: NC Gen Stat § 50B-150B‑1. Domestic violence; definition.(a) Domestic violence means the commission of one or more of the following acts upon an aggrieved party or upon a minor child residing with or in the custody of the aggrieved party by a person with whom the aggrieved party has or has had a personal relationship, but does not include acts of self‑defense:(1) Attempting to cause bodily injury, or intentionally causing bodily injury; or(2) Placing the aggrieved party or a member of the aggrieved party's family or household in fear of imminent serious bodily injury or continued harassment, as defined in G.S. 14‑277.3A, that rises to such a level as to inflict substantial emotional distress; or(3) Committing any act defined in G.S. 14‑27.2 through G.S. 14‑27.7.(b) For purposes of this section, the term "personal relationship" means a relationship wherein the parties involved:(1) Are current or former spouses;(2) Are persons of opposite sex who live together or have lived together;(3) Are related as parents and children, including others acting in loco parentis to a minor child, or as grandparents and grandchildren. For purposes of this subdivision, an aggrieved party may not obtain an order of protection against a child or grandchild under the age of 16;(4) Have a child in common;(5) Are current or former household members;(6) Are persons of the opposite sex who are in a dating relationship or have been in a dating relationship. For purposes of this subdivision, a dating relationship is one wherein the parties are romantically involved over time and on a continuous basis during the course of the relationship. A casual acquaintance or ordinary fraternization between persons in a business or social context is not a dating relationship.(c) As used in this Chapter, the term "protective order" includes any order entered pursuant to this Chapter upon hearing by the court or consent of the parties. (1979, c. 561, s. 1; 1985, c. 113, s. 1; 1987, c. 828; 1987 (Reg. Sess., 1988), c. 893, ss. 1, 3; 1995 (Reg. Sess., 1996), c. 591, s. 1; 1997‑471, s. 1; 2001‑518, s. 3; 2003‑107, s. 1; 2009‑58, s. 5.)
9 Specific Crimes (continued) Civil Law Process- Requirements: The court from specific facts shown, may enter an order as it deems necessary to protect the plaintiffs if there is a danger of acts of domestic violence against them from a defendant.Universal Citation: NC Gen Stat § 50B-250B‑2. Institution of civil action; motion for emergency relief; temporary orders; temporary custody.(a) Any person residing in this State may seek relief under this Chapter by filing a civil action or by filing a motion in any existing action filed under Chapter 50 of the General Statutes alleging acts of domestic violence against himself or herself or a minor child who resides with or is in the custody of such person. Any aggrieved party entitled to relief under this Chapter may file a civil action and proceed pro se, without the assistance of legal counsel. The district court division of the General Court of Justice shall have original jurisdiction over actions instituted under this Chapter. Any action for a domestic violence protective order requires that a summons be issued and served. The summons issued pursuant to this Chapter shall require the defendant to answer within 10 days of the date of service. Attachments to the summons shall include the complaint, notice of hearing, any temporary or ex parte order that has been issued, and other papers through the appropriate law enforcement agency where the defendant is to be served. No court costs shall be assessed for the filing, issuance, registration, or service of a protective order or petition for a protective order or witness subpoena in compliance with the Violence Against Women Act, 42 U.S.C. 3796gg‑5.(b) Emergency Relief. A party may move the court for emergency relief if he or she believes there is a danger of serious and immediate injury to himself or herself or a minor child. A hearing on a motion for emergency relief, where no ex parte order is entered, shall be held after five days' notice of the hearing to the other party or after five days from the date of service of process on the other party, whichever occurs first, provided, however, that no hearing shall be required if the service of process is not completed on the other party. If the party is proceeding pro se and does not request an ex parte hearing, the clerk shall set a date for hearing and issue a notice of hearing within the time periods provided in this subsection, and shall effect service of the summons, complaint, notice, and other papers through the appropriate law enforcement agency where the defendant is to be served.(c) Ex Parte Orders. Prior to the hearing, if it clearly appears to the court from specific facts shown, that there is a danger of acts of domestic violence against the aggrieved party or a minor child, the court may enter orders as it deems necessary to protect the aggrieved party or minor children from those acts provided, however, that a temporary order for custody ex parte and prior to service of process and notice shall not be entered unless the court finds that the child is exposed to a substantial risk of physical or emotional injury or sexual abuse. If the court finds that the child is exposed to a substantial risk of physical or emotional injury or sexual abuse, upon request of the aggrieved party, the court shall consider and may order the other party to stay away from a minor child, or to return a minor child to, or not remove a minor child from, the physical care of a parent or person in loco parentis, if the court finds that the order is in the best interest of the minor child and is necessary for the safety of the minor child. If the court determines that it is in the best interest of the minor child for the other party to have contact with the minor child or children, the court shall issue an order designed to protect the safety and well‑being of the minor child and the aggrieved party. The order shall specify the terms of contact between the other party and the minor child and may include a specific schedule of time and location of exchange of the minor child, supervision by a third party or supervised visitation center, and any other conditions that will ensure both the well‑being of the minor child and the aggrieved party. Upon the issuance of an ex parte order under this subsection, a hearing shall be held within 10 days from the date of issuance of the order or within seven days from the date of service of process on the other party, whichever occurs later. If an aggrieved party acting pro se requests ex parte relief, the clerk of superior court shall schedule an ex parte hearing with the district court division of the General Court of Justice within 72 hours of the filing for said relief, or by the end of the next day on which the district court is in session in the county in which the action was filed, whichever shall first occur. If the district court is not in session in said county, the aggrieved party may contact the clerk of superior court in any other county within the same judicial district who shall schedule an ex parte hearing with the district court division of the General Court of Justice by the end of the next day on which said court division is in session in that county. Upon the issuance of an ex parte order under this subsection, if the party is proceeding pro se, the Clerk shall set a date for hearing and issue a notice of hearing within the time periods provided in this subsection, and shall effect service of the summons, complaint, notice, order and other papers through the appropriate law enforcement agency where the defendant is to be served.(c1) Ex Parte Orders by Authorized Magistrate. The chief district court judge may authorize a magistrate or magistrates to hear any motions for emergency relief ex parte. Prior to the hearing, if the magistrate determines that at the time the party is seeking emergency relief ex parte the district court is not in session and a district court judge is not and will not be available to hear the motion for a period of four or more hours, the motion may be heard by the magistrate. If it clearly appears to the magistrate from specific facts shown that there is a danger of acts of domestic violence against the aggrieved party or a minor child, the magistrate may enter orders as it deems necessary to protect the aggrieved party or minor children from those acts, except that a temporary order for custody ex parte and prior to service of process and notice shall not be entered unless the magistrate finds that the child is exposed to a substantial risk of physical or emotional injury or sexual abuse. If the magistrate finds that the child is exposed to a substantial risk of physical or emotional injury or sexual abuse, upon request of the aggrieved party, the magistrate shall consider and may order the other party to stay away from a minor child, or to return a minor child to, or not remove a minor child from, the physical care of a parent or person in loco parentis, if the magistrate finds that the order is in the best interest of the minor child and is necessary for the safety of the minor child. If the magistrate determines that it is in the best interest of the minor child for the other party to have contact with the minor child or children, the magistrate shall issue an order designed to protect the safety and well‑being of the minor child and the aggrieved party. The order shall specify the terms of contact between the other party and the minor child and may include a specific schedule of time and location of exchange of the minor child, supervision by a third party or supervised visitation center, and any other conditions that will ensure both the well‑being of the minor child and the aggrieved party. An ex parte order entered under this subsection shall expire and the magistrate shall schedule an ex parte hearing before a district court judge by the end of the next day on which the district court is in session in the county in which the action was filed. Ex parte orders entered by the district court judge pursuant to this subsection shall be entered and scheduled in accordance with subsection (c) of this section.(c2) The authority granted to authorized magistrates to award temporary child custody pursuant to subsection (c1) of this section and pursuant to G.S. 50B‑3(a)(4) is granted subject to custody rules to be established by the supervising chief district judge of each judicial district.(d) Pro Se Forms. The clerk of superior court of each county shall provide to pro se complainants all forms that are necessary or appropriate to enable them to proceed pro se pursuant to this section. The clerk shall, whenever feasible, provide a private area for complainants to fill out forms and make inquiries. The clerk shall provide a supply of pro se forms to authorized magistrates who shall make the forms available to complainants seeking relief under subsection (c1) of this section. (1979, c. 561, s. 1; 1985, c. 113, ss. 2, 3; 1987 (Reg. Sess., 1988), c. 893, s. 2; 1989, c. 461, s. 1; 1994, Ex. Sess., c. 4, s. 1; 1997‑471, s. 2; 2001‑518, s. 4; 2002‑126, s. 29A.6(a); 2004‑186, ss. 17.2, 19.1; 2009‑342, s. 2.)
10 Crimes (continued)Burglary- Any person who breaks or enters any building with intent to commit any felony or larceny therein.Larceny- Occurs where the value of the property or goods is not more than one thousand dollars ($1,000).Vandalism- Willful or malicious damage to property.Arson- Willfully setting fire to or cause to be burned any building or structure of any type.Embezzlement- Fraudulently or knowingly and willfully misapplying or converting any item of monetary value to one’s own use.14‑54. Breaking or entering buildings generally.(a) Any person who breaks or enters any building with intent to commit any felony or larceny therein shall be punished as a Class H felon.(b) Any person who wrongfully breaks or enters any building is guilty of a Class 1 misdemeanor.(c) As used in this section, "building" shall be construed to include any dwelling, dwelling house, uninhabited house, building under construction, building within the curtilage of a dwelling house, and any other structure designed to house or secure within it any activity or property. (1874‑5, c. 166; 1879, c. 323; Code, s. 996; Rev., s. 3333; C.S., s. 4235; 1955, c. 1015; 1969, c. 543, s. 3; 1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1, c. 179, s. 14; 1993, c. 539, s. 26; 1994, Ex. Sess., c. 24, s. 14(c).)LarcenyLarceny of property, or the receiving or possession of stolen goods knowing or having reasonable grounds to believe them to be stolen, where the value of the property or goods is not more than one thousand dollars ($1,000)14-67ArsonTo willfully set fire to or burn or cause to be burned or aid, counsel or procure the burning of any building or other structure of any type14-90EmbezzlementTake, make away with or secrete, with intent to embezzle or fraudulently or knowingly and willfully misapply or convert to his own use, any money, goods or other chattels, bank note, check or order for the payment of money issued by or drawn on any bank or other corporation, or any treasury warrant, treasury note, bond or obligation for the payment of money issued by the United States or by any state, or any other valuable security whatsoever that (i) belongs to any other person or corporation, unincorporated association or organization or (ii) are closing funds as defined in G.S. 45A‑3, which shall have come into his possession or under his care
11 Specific Crimes (continued) Fraud- Using deception to obtain money or property.Money Laundering- Illegally obtained money is put into or through a business to hide it’s origin.Forgery- Placing a false signature on a check or other document in order to deceive or deprive someone of their property.Treason- Giving aid and comfort to enemies of the United States.Perjury- When a person lies during a court or administrative process.Obstruction of Justice- When a persons does something that hinders the court to move forward in a case.Bribery- Giving money or property to a public official in for a favor.Contempt of Court- When a person ignores a court order or shows a lack of respect for the court.
12 Civil LawsTort- A private wrong committed by one person against another.Elements of a Tort:Duty- Obligation to use a reasonable standard of care to prevent injury to others.Breach- Break or breach duty to another person.Causation- That breach of duty caused the injury.Proximate Cause- Reasonably foreseeable that a breach of duty will result in an injury.Vicarious Liability- A person is liable for the torts of another.Actual Harm- Injury caused and property is destroyed or loss of monetary value.
13 Civil LawsAssault- When one person intentionally puts another in reasonable fear of an offensive or harmful bodily contact.Battery- The harmful or offensive touching of another.False Imprisonment- The intentional confinement of a person against the person’s will and without the lawful ability to do so.Defamation- A false statement that injures a persons’ reputation or good name.Invasion of Privacy- Uninvited intrusion into a ones’ personal relationships and activities.
14 Civil LawTrespass to Land- Entry onto the property of another without consent.Conversion- When property is stolen, destroyed or used in a manner that is inconsistent with an owner’s rights.Interference with Contracts- If a third party encourages a breach in any way, then that third party may be liable in tort.Fraud- Occurs when there is an intentional misrepresentation of an existing important fact (that is a lie) which causes the victim to give up a right or something of value.
15 Civil LawNegligence- A tort that results when a person carelessly injures another. It is an accidental tort and requires no intent.Elements of Negligence:The defendant owed the plaintiff a duty of care.The defendant breached that duty by being careless.The defendant’s carelessness was the proximate cause of harm.The plaintiff was really hurt by the defendant’s carelessness.
16 Civil Law Defenses to Negligence: Contributory Negligence- The defendant can show that the victim did something that helped cause his or her own injuries.Comparative Negligence- When the carelessness of each party is compared to the other party’s carelessness.Assumption of Risk- When the plaintiff knew of the risk involved and still took the chance (assumed risk) of being injured.
17 Civil Law Civil Remedies Court Injunctions- Court order that prevents a party from performing a specific act and may be temporary or permanent.Damages- A payment recovered in court by a person who has suffered an injury.
18 Civil LawAlternative Dispute Resolution- Resolving a disagreement outside of the usual court system:Mediation- When parties to a dispute invite a mediator, to help solve the problem.Advantage- final decision remains in the hands of the parties.Arbitration- Giving the power to settle their dispute to a third party.Advantage- often results in a fair solution because the decision is in the hands of an objective third party.